https://www.um.edu.mt/library/oar/handle/123456789/103989 Wed, 22 Apr 2026 14:43:31 GMT 2026-04-22T14:43:31Z https://www.um.edu.mt/library/oar/handle/123456789/104220 Title: Keeping of deposits and the notarial clients’ account Abstract: Despite it being common for the purchaser to pay a deposit at Promise of Sale stage, the regulation of the Notarial Client’s Account is primarily based on custom rather than legislation. In recent years there has been a lot of discussion surrounding the responsibilities of Notaries with regard to keeping of deposits on behalf of their clients and the Notarial Clients’ Account. This study aims to discuss the Deposits’ force coming from custom and distinguishing between Deposits on Account of the Price and Deposits in earnest (Kapparra) as well as the pitfalls which ensue from keeping such deposits. Additionally, the liability of the Notary with regard to the keeping of said deposits is also discussed with reference to legislation and court judgements decided. This study provides a discussion of the remedies and drawbacks currently being proposed and discussed amongst Notaries in hope for the eventual establishment of the best way forward. Description: LAW5006_Professional Practice for Notaries Sat, 01 Jan 2022 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/104220 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/104162 Title: An analysis of the notary’s role in issuing the European Certificate of Succession Abstract: The free movement of people is one of the fundamental pillars of the European Union. Increased mobility of persons has brought about an increase in cross-border successions and consequently more issues regarding the settlement of such successions. Since the deceased, heirs and assets of an estate can be located in several countries, different procedures would be applicable under each member state for succession to devolve and for heirs and beneficiaries to prove their status. As part of the harmonisation effort in private international law, the European Union introduced Regulation 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (hereinafter the Regulation). At the backbone of this Regulation is legal certainty and the legitimate expectations of EU citizens, to be able to plan their succession in advance.8 It provides the framework to be followed for cases of succession which involve cross-border elements, by creating the rules to solve the pertinent issues such as which member state has jurisdiction to rule on the succession and the law to be applied. Moreover, the Regulation has created a new instrument, the European Certificate of Succession (hereinafter referred to as the Certificate, or ECS) which intends to facilitate the claims made by beneficiaries of the estate in order to assert their succession rights in different MS which are party to the Regulation. This instrument is the first example of a public document created and entirely governed by EU legislation, but it is not mandatory and other national systems of proving succession rights can still be used. Unlike in certain MS where certificates of succession were already made use of, in the Maltese system this is a new notion. Apart from the CVJ, notaries have also been entrusted with the task of issuing this certificate. This competence, together with the harmonisation of laws and unification of succession under the Regulation, means that the notarial profession has the new challenge of being conversant with the law of other states. This research is important since the ECS is still a relatively new document with which not many notaries have had experience. Considering that the ECS has far-reaching effects of being automatically recognised in other MS, and the nature of the decisions taken by the notary regarding its issuance, the notary must be knowledgeable and diligent in order to take on this new function. Therefore, this report sheds light on the notary’s responsibilities under the Regulation regarding the ECS and what is expected from him/her as the issuing authority. Description: LAW5006_Professional Practice for Notaries Sat, 01 Jan 2022 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/104162 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/104112 Title: Responsibilities and liabilities of a notary public in Malta Abstract: A notary public is a public officer who is charged to receive acts inter vivos and wills, to attribute public faith thereto, be responsible for their custody and to give out copies and extracts of or from such acts or wills. In order to better understand the role and the position of a Notary Public today, one needs to look at the history and the development of the profession throughout the years. The earliest record of Notaries where the scribes (or “scribae”) dating back to the time of Ancient Egypt and the pyramids although it is said that the professional finds its origin within the Roman Empire in the form of Emperor slaves, who were basically educated slaves doing clerical work for the Emperor. The role gradually developed into that of a “tabularii” and “notarii” who used to write down in short hand the speeches of any wealthy Roman who needed their service and to record judicial proceedings. Eventually this became a recognised profession. During the twelfth (12th) century, notaries gained importance in civil law. It was then the School of Bologna, who laid down formalities which notaries had to abide by and hence, the concept of the Notary Public as a qualified legal profession arose. The Notarial Profession in Malta has been around since before the Knights of St. John. The oldest volume of notarial deeds which can be found in the Notarial Archives of Malta belong to Notary Paolo Bonello and dates back to the 1460’s, thus being one the oldest in Europe. While the basics of the notarial profession have remained somewhat the same, some aspects of the profession have changed profoundly, amongst which are some of the responsibilities and certain liabilities which a notary public in Malta may incur. Today, notaries provide a variety of different services in matters concerning property, commercial, succession and private agreements. The notary should always be fair and impartial towards both parties as he is entrusted by the State Authority to attribute public faith to the deeds he receives and to collect tax accordingly. This is the dual façade of the notarial profession – that of being a liberal profession and that of being a public officer. Throughout this study, we shall be delving into the responsibilities dealing with different types of responsibilities which are criminal and civil, disciplinary and fiscal responsibility of the notary public in Malta and its implications. I have chosen this topic because I think that the general public does not really understand what it means to be a notary public in Malta and what responsibilities notaries are faced with. I would like to delve more into the subject to pinpoint the utmost responsibilities of the notary and to be aware of the consequences that follow if these responsibilities are not followed accordingly. Description: LAW5006_Professional Practice for Notaries Sat, 01 Jan 2022 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/104112 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/104111 Title: The pitfalls of notarial deposits and potential solutions Abstract: Being a public officer, the Notary Public is an entrusted figure of the state. Ergo, he must act with utmost diligence, serving citizens whilst abiding by the relevant regulations. He is also without doubt an escrow agent, holding funds for clients until the time arises to pay them on to the suitable institution or party. A Notary may therefore abuse this position of trust for his own personal gain, as has been seen in recent years. This has led the public to raise concern about civil servants and their credibility, rightly so. Therefore, one may think, how many Notaries are abusing their position and have not been caught? What makes a Notary so credible to be in such a position? Are there any alternatives to the current system? How can citizens ensure the safety of their funds? Description: LAW5006_Professional Practice for Notaries Sat, 01 Jan 2022 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/104111 2022-01-01T00:00:00Z